While most treatments and procedures are ultimately beneficial to patients, they also carry some degree of risk. As such, doctors must advise patients of the benefits and potential harm that could arise from a proposed plan of treatment, as well as any available alternatives, before providing the suggested care. If…
In all but the clearest of cases, what constitutes medical malpractice is generally not readily understood by the average juror. As such, medical malpractice cases typically hinge on expert testimony. Plaintiffs that fail to produce expert testimony, then, will likely have their cases dismissed, as they will be unable to…
Lung cancer is a devastating disease, and a delayed diagnosis can worsen the already poor prognosis many patients with lung cancer face. People who suffer harm because of a doctor’s failure to diagnose a disease may be able to recover damages via medical malpractice lawsuits. Just as a delay in…
Sadly, many people seeking care in the emergency room of a hospital ultimately suffer devastating harm. The mere occurrence of a catastrophic injury does not necessarily prove medical malpractice has occurred, though. Instead, a plaintiff seeking damages for medical negligence must produce an expert report showing that the evidence of…
Many children suffer from asthma, and while it is generally a manageable condition, it can lead to acute medical events that require immediate treatment. If a paramedic fails to properly provide emergency care to a child having an asthma attack, it can have tragic consequences. Incompetent care does not always…
Typically, people who hit their heads in car collisions will go to a hospital, which in many instances will result in a diagnosis of a traumatic brain injury. If the doctors in a hospital failed to conduct the appropriate tests, though, it can result in a missed diagnosis, which tragically…
People harmed by incompetent medical care often pursue damages via malpractice claims, but not all harm suffered by patients necessarily constitutes grounds for a lawsuit. To avoid frivolous cases, plaintiffs must meet certain pleading requirements to establish the validity of their claims, and if they do not, their cases may…
Cancer is a destructive disease, and when it is not properly diagnosed, it is often fatal. People who lose loved ones because of a doctor’s failure to diagnose or treat cancer have the right to seek damages via a wrongful death claim. In some instances, however, even if there is…
Surgery on the wrong part of the body is one of the most egregious medical errors that can occur. Thus, if a doctor operates on the incorrect body part, the person injured may be able to pursue multiple claims against the doctor, including medical malpractice, lack of informed consent, and…
Many hospitals and care facilities throughout New York are federally funded. Typically, healthcare practitioners employed by such centers are immune from liability for medical malpractice, and a plaintiff seeking damages for the harm caused by a doctor must proceed solely against the federal government. In a recent New York opinion,…